Staying with overseas fiance

[HednJimmy 0]

Hi all!

So....I am thinking about taking a tourist visa and staying with my fiance in Australia until the time he is approved. On my end, this seems like a nice way to be with my fiance until he comes to America with me permanently

Now, what I am wondering is: Can this be done? I would keep my finances/mailing address/assets in the US while I was "traveling" over there, but I would more than likely give notice at my job since it will be 3+ months I will be in Australia.

What I am most worried about is the Affadavit of Support. Aside from the fact that it is so confusing and, from what I have read, doesn't show you the actual dollar amount for income requirements, what can be done about not having a job at the time of my fiance's packet being sent? Could my last paycheck stubs (from right before I left for Australia in July) work for an interview in say, October/November?

I always appreciate the help/advice of my fellow VJ'ers!

Heather

[Gallowglass 0]

Hi

1 - you'll need to check whether or not it's possible for you to stay in Australia for that length of time. The Australian authorities will want to know how YOU are going to support yourself while you're there. I understand you'll be "travelling", but Australian immigration will want to know where you'll be all the same.

2 - while I really hope he gets his interview in October/ November, what's your fall-back if he doesn't? Nothing is guaranteed in this process. Or do you already know the date of his interview?

3 - (and this is important) consider the pros and cons of you giving up your job very carefully. The obvious benefit is that you're with himself, which is great, but sometimes you have to be coldly practical. If you're the person signing the affadavit of support, ask yourself if you can realistically afford to have a 3 month (or more) gap in income. How much of a strain will supporting yourself in Oz place on your own resources, and what's the knock-on effect once yourself and himself get to the US? Will he have a 90-day EAD on arrival? Will you BOTH be looking for work at the same time? Or will you be looking for work on your return while helping him adjust to his new home? If you're in Oz, bear in mind that you'll be looking for TWO plane tickets home as well once he has his visa, and you'll still have to get married and file your AOS - that's what, $3-4,000 USD all told?. That's a substantial chunk of change right there. How would that impact on you both if neither of you have a job on arrival in the US?

Now, I have no idea what your resources/assets etc. If you can afford it, great. If not....well, I'm not telling you not to go, but consider it carefully.

Just some thoughts for you on that score.

[rebeccajo 14]

Your paystubs and income documentation from 'now' would not be a true picture of your financial situation in October or November if you are unemployed.

It might seem like a 'white lie' to you but I'd urge you not to start misrepresenting information to USCIS/DOS. Such behavior can be fatal to immigration.

[pushbrk 12,881]

Your paystubs and income documentation from 'now' would not be a true picture of your financial situation in October or November if you are unemployed.

It might seem like a 'white lie' to you but I'd urge you not to start misrepresenting information to USCIS/DOS. Such behavior can be fatal to immigration.

If you decide to quit your job and spend that time in Australia, I'd plan on getting a co-sponsor as being unemployed, you will not qualify. I hope you have a plan for how the two of you will support yourselves when you return without a job and he waits months for work authorization.

[HednJimmy 0]

Your paystubs and income documentation from 'now' would not be a true picture of your financial situation in October or November if you are unemployed.

It might seem like a 'white lie' to you but I'd urge you not to start misrepresenting information to USCIS/DOS. Such behavior can be fatal to immigration.

If you decide to quit your job and spend that time in Australia, I'd plan on getting a co-sponsor as being unemployed, you will not qualify. I hope you have a plan for how the two of you will support yourselves when you return without a job and he waits months for work authorization.

Thanks for all of the advice/input. I wish it wasn't so negative!! Although I do appreciate the honesty and information, hence why I asked about if it was doable in the first place.

I know that everyone applying for their fiances is more or less in the same position as I am, and seeing the timelines, I have seen that more than a handful of people have succeeded in being with their fiance overseas while waiting for the K-1 Visa to be approved.

Gallow, I completely understand the logistics of going to Australia and having to come back to the states with a gap in income. I definately wouldn't think about traveling without being adequately comfortable in my financial state. As for having a fall back plan, unfortunately we will have to cross that bridge when we get to it-our I-129 was pretty cut and dry, but we are talking about the government, anything is possible

Maybe what I wrote wasn't clear, or it looked like I was trying to "misrepresent" the facts to the USCIS. I know how damaging that would be to my case and the future! I was honestly just wondering if there was a way to spend time with my fiance while the process goes through. Is that too much to ask?

[pushbrk 12,881]

Your paystubs and income documentation from 'now' would not be a true picture of your financial situation in October or November if you are unemployed.

It might seem like a 'white lie' to you but I'd urge you not to start misrepresenting information to USCIS/DOS. Such behavior can be fatal to immigration.

If you decide to quit your job and spend that time in Australia, I'd plan on getting a co-sponsor as being unemployed, you will not qualify. I hope you have a plan for how the two of you will support yourselves when you return without a job and he waits months for work authorization.

Thanks for all of the advice/input. I wish it wasn't so negative!! Although I do appreciate the honesty and information, hence why I asked about if it was doable in the first place.

I know that everyone applying for their fiances is more or less in the same position as I am, and seeing the timelines, I have seen that more than a handful of people have succeeded in being with their fiance overseas while waiting for the K-1 Visa to be approved.

Gallow, I completely understand the logistics of going to Australia and having to come back to the states with a gap in income. I definately wouldn't think about traveling without being adequately comfortable in my financial state. As for having a fall back plan, unfortunately we will have to cross that bridge when we get to it-our I-129 was pretty cut and dry, but we are talking about the government, anything is possible

Maybe what I wrote wasn't clear, or it looked like I was trying to "misrepresent" the facts to the USCIS. I know how damaging that would be to my case and the future! I was honestly just wondering if there was a way to spend time with my fiance while the process goes through. Is that too much to ask?

It's not too much to ask at all. I think you have your answers. Hopefully you filed an I-129F instead of an I-129 though or you'll be waiting a very long time. Sounds like you need a co-sponsor and some good luck with a job upon your return. Enjoy your visit.

[Gallowglass 0]

Noboby's suggesting for an instant that you're trying to misrepresent anything

And yes - believe me, I understand the frustration of not being near your SO. All I'm saying (and I think what others are trying to tell you) is that while there is absolutely nothing legally wrong with what you want to do, the sheer logistics of your situation and/or gap in income could make life difficult at a key time. In other words, while your heart might want this more than anything, it might ultimately not be the best move for the two of you to go to Oz as things stand.

Unless you have co-sponsor, you are responsible for the Affadavit of Support. It doesn't matter if your SO has tons of money, USCIS only want to know what you've got. If you've got an income gap.......well, wouldn't you be kicking yourself if he was told that the Affadivit of Support was insufficent at interview??

All we're saying is think, discuss it with himself, and think again. B)

[rebeccajo 14]

We all have endured separation in this process. And while I know several who have spent time overseas with their fiance/fiancee, I don't specifically recall any who actually quit their job to do it - especially given there is a great deal of financial expense plus burdens of proof after the US entry of the intending immigrant. Unlike many other of lifes circumstances, in this process we do know what is coming down the road - adjustment of status and the responsibilities that lie with it. Your 'fall back' plan should be facing that scenario. The row you may have to hoe could be much more difficult in the future if you give way to immediate frustrations.

Perhaps some visits will tide you over in the meanwhile rather than such a drastic measure.

[Gallowglass 0]

The more I look at this, the more I think you should probably stay put. If you're the person signing the Affadavit of Support, well, the onus is on YOU to ensure that the support is there at the time of interview. Could you stretch to a visit or two - maybe one around the time of his interview?

I know it's not what you want to hear, but possibly best for you both in the long term. Keep us posted.

[KimandRuss 0]

I remember being here last year asking the same questions.

Because I was awaiting a long divorce to be final and my fiance was denied entry, we have faced 9 long months apart with just one visit. This after living together both here and abroad for a year and a half. I work for myself so it wouldn't have been much of a problem for me to spend time in NZ with him but I decided not to disrupt my kids lives by taking them from school. Otherwise, I would be there with him as much as I could whilst we wait this out.

What they'll be looking at for the affidavit of support is your current income so if you quit your job you wont be able to use that. You can use your savings/assets only if it is 3x's the amount needed. Unless you are independently wealthy, most likely you will need a joint sponsor when the time comes.

Have you thought about what kind of visa you would apply for? Many visitor's visas will also take some time to process. The VWP will allow you to stay for up to 90 days. There are no restrictions as to when you could 'go back' (other than they want you to be spending more time in your own country) but you must be prepared if you are denied entry when you try to return. We had good luck for quite some time but as mentioned... it ran out. Are you willing to risk it?

Nobody can tell you what is best for you but if you have a joint sponsor lined up, can afford to quit your job and have no real concerns leaving it to spend time with your fiance on a legal visa then I say go for it. We are all at different points in our lives and while everyone has an opinion..only you can know what's right for you.

My months in Australia/NZ were very expensive for us but it is a time that I will never forget, or regret, for as long as I live.

So, with all that being said, I will also tell you that while the wait has been very hard on both of us ...it has passed by fairly quickly and we are excited to be nearing the 'end' of our difficult journey. Chances are your wait wont be as long as ours. Right now all that time in front of you looks daunting... I understand that as well as anyone could... You want to find a way to be together because you can't imagine spending that much time apart. I'm posting to tell you that you can, and will, get through it. If your job is important to you and/or if you need it when you file the 134 then stay here. See if you can't work in a couple long visits to keep you going. If you decide to go... just be sure you have the support you need to get your fiance's visa otherwise all will be for naught.

good luck to you.

[jle930sl 0]

I agree with KimandRuss. My fiance and I last saw eachother Feb 17th, 2008 and simply don't have the financial capabilities to pay for the visa, the wedding, his moving to the USA AND visits to see eachother in the meantime.

For that reason, we won't see eachother again until he gets the visa...we're crossing our fingers for him to be able to travel to the states in Feb or early March 2009. So a year or more of not seeing each other. Of course, it could very likely be longer.

I just wanted to let you know, that whatever you decide to do, you guys will survive! The longer times suck to wait out, but I've found it helps to just keep focussing on what's ahead - finally being able to be together permanently!!

Just thought I'd add in my support. And hey, whenever you miss him, remember there's TONS of people on here who know how you feel.

[HednJimmy 0]

Thanks again for all of your advice and support

After *again* talking it over with my fiance and reading the fine print on the Support information, I guess the only choice we have is to stick it out seperately. Ack! If only there was a way!!

I will be visiting in 7 weeks, but after that it's between visiting him a few more times or having a nicely planned wedding/new house/new furniture etc...as much as I would like to "throw caution to the wind", having a couch in the long run is probably a better bet ha ha.

I thank goodness for these forums. It really does make you feel like you are not the only one going through this!!

Heather

[rebeccajo 14]

Thanks again for all of your advice and support

After *again* talking it over with my fiance and reading the fine print on the Support information, I guess the only choice we have is to stick it out seperately. Ack! If only there was a way!!

I will be visiting in 7 weeks, but after that it's between visiting him a few more times or having a nicely planned wedding/new house/new furniture etc...as much as I would like to "throw caution to the wind", having a couch in the long run is probably a better bet ha ha.

I thank goodness for these forums. It really does make you feel like you are not the only one going through this!!

Heather

LOL...cute post....couch....

You know, he's gonna have some troubles with adjusting to his new life. He doesn't really need to have it on his shoulders that you are struggling financially as newlyweds because of him (if you quit your job and have to find another). Now, you may think he won't feel that way and he may tell you he never would, but when a guy gets here and he isn't working (because he's waiting on his EAD plus then he's going through interviews for jobs)....well strange stuff goes off in their head.

Try to look to making his life here - his future transition - as painless as possible. That will give you something to look forward to.

Edited June 19, 2008 by rebeccajo